Towards a Constructive Coordination between the ICJ and the Investor-State Dispute Resolution: The ICJ Diallo Judgment and Beyond

28 Pages Posted: 4 Apr 2013

See all articles by Peng Wang

Peng Wang

School of Law, Xian Jiaotong University

Date Written: April 3, 2013

Abstract

This Article analyzes the core issues of the Diallo Judgment concerning investment protection and disputes resolutions and proposes the best approach for the ICJ in the light of institution interaction between the ICJ and the specialized investor-state dispute resolution mechanism. The potential jurisdiction overlap between the ICJ and the ICSID exists in two aspects: concurrency of jurisdiction and inconsistent substantive decision. As a system, international courts and tribunals have a duty to coordinate to promote the coherent development of international law in general and international investment law in particular. The coordinated mode should be based on the comparative advantages of both system and preserve moderate competition. In particular, the judicial supporting function of the ICJ to the ICSID is proposed in three aspects: Jurisdiction comity, Substantive protection coordination, and Supervision, Interpretation and enforcement of award.

Keywords: Diallo Judgment, ICJ, ISDS, ICSID, Investment Artration, Institutional interaction, Constructive coordination

Suggested Citation

Wang, Peng, Towards a Constructive Coordination between the ICJ and the Investor-State Dispute Resolution: The ICJ Diallo Judgment and Beyond (April 3, 2013). Available at SSRN: https://ssrn.com/abstract=2244106 or http://dx.doi.org/10.2139/ssrn.2244106

Peng Wang (Contact Author)

School of Law, Xian Jiaotong University ( email )

28 Xianning West Road
Xi'an, Shaanxi 710049
China
029-82664484 (Phone)

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
132
Abstract Views
699
rank
228,060
PlumX Metrics